Personalisation of Trade Mark Goods

Journal article

1 online resource (page 1174–1189)

Headnotes by the Editorial Office 1. A distinction should be made between two business models relating to the personalisation of trade mark products: (1) providing services aimed at personalising trade mark articles, and (2) marketing modified objects that still bear the brand name of the original item. 2. The first business model is in principle lawful, insofar as the service provider acts at the request of the owner of the object concerned and the customised article is returned to its rightful owner at the end of the process, without the article having been placed (back) on the market. 3. The second business model constitutes an infringement in the absence of authorisation from the proprietor of the trade mark. In such a case, the trade mark is used on the market and no longer fulfils its identification function because it no longer designates the original article, which has been modified without the trade mark proprietor’s consent.

Crossref

GRUR International ; 73, 12, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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